Common use of LICENSEE Restrictions and Prohibitions Clause in Contracts

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to and covenants that, without the express, written consent of NOA, it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of wireless Game play on and among Wii systems, or between Wii and Nintendo DS systems (b) for the purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game; (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing; (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game; (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines; (e) embed, incorporate, or store a Game in any media or format except the optical disc format utilized by Wii, except as may be necessary as a part of the Game development process under this Agreement; (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology; (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement; (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; or (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wii, including the hardware, software (embedded or not) or the Security Technology.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to represents and covenants that, without the express, written consent of NOA, warrants that it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network; provided, except (a) as a part of wireless Game play on and among Wii systemshowever, or between Wii and Nintendo DS systems (b) that limited transmissions may be made for the sole purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE but no right of retransmission shall use attach to any such authorized transmission and reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing;, (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, NINTENDO GAMECUBE system or the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines;Tools, (e) embed, incorporate, or store a Game in any media or format except the optical disc format utilized by Wiithe NINTENDO GAMECUBE system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wiithe NINTENDO GAMECUBE system, including the hardware, software (embedded or not) or the Security Technology.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to represents and covenants that, without the express, written consent of NOA, warrants that it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network; provided, except (a) as a part of wireless Game play on and among Wii systemshowever, or between Wii and Nintendo DS systems (b) that limited transmissions may be made for the sole purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE but no right of retransmission shall use attach to any such authorized transmission and, reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing;, (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, GAME BOY ADVANCE system or the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines;Tools, (e) embed, incorporate, or store a Game in any media or format except the optical disc cartridge format utilized by Wiithe GAME BOY ADVANCE system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in the Reverse Engineering of all or any part of Wiithe GAME BOY ADVANCE system, including the hardware, hardware or software (whether embedded or not) otherwise), or the Security Technology.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to represents and covenants that, without the express, written consent of NOA, warrants that it will not at any time, directly or indirectly, do or cause to be done done, any of the following: (a) grant Grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network; provided, except (a) as a part of wireless Game play on and among Wii systemshowever, or between Wii and Nintendo DS systems (b) that limited transmissions may be made for the sole purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE but no right of retransmission shall use attach to any such authorized transmission and, reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing;, (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, GAME BOY(R) ADVANCE system or the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines;Tools, (e) embed, incorporate, or store a Game in any media or for format except the optical disc cartridge format utilized by Wiithe GAME BOY(R) ADVANCE system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in the Reverse Engineering of all or any part of Wiithe GAME BOY(R) ADVANCE system, including the hardware, hardware or software (whether embedded or not) otherwise), or the Security Technology.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to represents and covenants that, without the express, written consent of NOA, warrants that it will not at any time, directly or indirectlyIndirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other other. device network; provided, except (a) as a part of wireless Game play on and among Wii systemshowever, or between Wii and Nintendo DS systems (b) that limited transmissions may be made for the sole purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE but no right of retransmission shall use attach to any such authorized transmission and reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception Interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing;, (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, NINTENDO GAMECUBE system or the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines;Tools, (e) embed, incorporate, or store a Game in In any media or format except the optical disc format utilized by Wiithe NINTENDO GAMECUBE system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement Implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wiithe NINTENDO GAMECUBE system, including Including the hardware, software (embedded or not) or the Security Technology.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to and covenants that, without the express, written consent of NOA, it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of local wireless Game play on and among two or more Wii systems, or between Wii Wiis and Nintendo DS systems (b) for the purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game; (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing; (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game; (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines; provided, however, that LICENSEE may do so for the sole purpose of facilitating development of a Game under the terms of this Agreement; (e) embed, incorporate, or store a Game in any media or format except the optical disc format utilized by Wii, except as may be necessary as a part of facilitate the Game development process under this Agreement; (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology; (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement; (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; or (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wii, including the hardware, software (embedded or not) or the Security Technology; [***]. (j) engage in the distribution of (1) Games, (2) demos, updates or additions of any kind for any Licensed Product, or (3) Microtransactions, through the Wii Network Services or other online means, without a separate written agreement with Nintendo addressing such activities; (k) include advertising or product placements for products or services of third parties, whether in the Game, as separate content on a Game Disc (e.g., a trailer), or in the Printed Materials; (l) develop any Game that permits Nintendo’s Mii characters to appear; (m) fail to strictly adhere to NOA’s Guidelines on Mii usage for any permitted use of Miis in Games; or (n) send any data, content, messages, advertising, or other communications of any kind to any consumer’s Wii console through the Wii Network Services or otherwise. Nothing in this Section 3.3 shall be deemed to prohibit LICENSEE from developing a game for other video game systems where such game has a similar audiovisual display, look, or feel as found in the Game(s) developed by LICENSEE under this Agreement, provided that LICENSEE does not use in the development thereof, or incorporate therein, any Nintendo Intellectual Property Rights.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to and covenants that, without the express, written consent of NOA, it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, includinginclUding, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of wireless Game play on and among Wii systems, or between Wii and Nintendo DS OS systems (b) for the purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game; (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing; (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game; (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines; (e) embed, incorporate, or store a Game in any media or format except the optical disc format utilized by Wii, except as may be necessary as a part of the Game development process under this Agreement; (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology; (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement; (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; or (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wii, including the hardware, software (embedded or not) or the Security Technology.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to to, and covenants that, without the express, express written consent of NOANintendo, it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of wireless Game play on and among Wii Nintendo DS systems, or between Wii and Nintendo DS systems (b) for the purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game;. (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing; (c) modify, install or operate a Game on any server or computing other device for the purpose of or resulting in the rental, lease, loan or other grant sale of remote rights of access to the Game;, (dc) emulate, interoperate, interface or link a Game for operation or use with any hardware or platform, software platformprogram, accessory, computer language, computer environment, chip instruction set, consumer electronics device device, telephone, cellphone, PDA, or device other device, including for purposes of data interchange, password usage or interactive video game play, other than Wii, the a Nintendo DS system, an application approved by Nintendo, or the Development Tools Tools, (d) emulate any past, current or such other future Nintendo system as NOA may authorize brand video game system, or any portion thereof, in the Guidelines;software or hardware or any combination thereof, (e) embed, incorporate, or store a Game in any media or format except the optical disc Game Card format utilized by Wiithe Nintendo DS system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in the Reverse Engineering of all or any part of Wiithe Nintendo DS system, including the hardware, hardware or software (whether embedded or not) otherwise), the Development Tools or the Security Technology.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to to, and covenants that, without the express, express written consent of NOANintendo, it will not at any time, directly or indirectly, do or cause to be done any of the following:: [***] The portions of this document marked with three asterisks represent confidential portions omitted and filed separately with the Securities and Exchange Commission. (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of wireless Game play • lay on and among Wii systems, or between Wii and Nintendo DS systems systems. (b) for the purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing; (c) modify, install or operate a Game on any server or computing other device for the purpose of or resulting in the rental, lease, loan or other grant sale of remote rights of access to the Game;, (dc) emulate, interoperate, interface or link a Game for operation or use with any hardware or platform, software platformprogram, accessory, computer language, computer environment, chip instruction set, consumer electronics device device, telephone, ceephone, RDA, or device other device, including for ‘purposes of data interchange, password usage or interactive video game play, other than Wii, the a Nintendo DS system, an application approved by Nintendo, or the Development Tools Tools, (d) emulate any past, current or such other future Nintendo system as NOA may authorize brand video game system, or any portion thereof, in the Guidelines;software or hardware or any combination thereof, (e) embed, incorporate, or store a Game in any media or format except the optical disc Game Card format utilized by Wiithe Nintendo DS system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in the Reverse Engineering of all or any part of Wii, including the hardware, software (embedded or not) Development Tools or the Security Technology.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to and covenants that, without the express, written consent of NOA, it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of local wireless Game play on and among two or more Wii systems, or between Wii Wiis and Nintendo DS systems (b) for the purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game; (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing; (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game; (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines; provided, however, that LICENSEE may do so for the sole purpose of facilitating development of a Game under the terms of this Agreement; (e) embed, incorporate, or store a Game in any media or format except the optical disc format utilized by Wii, except as may be necessary as a part of facilitate the Game development process under this Agreement; (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology; (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement; (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; or (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wii, including the hardware, software (embedded or not) or the Security Technology; [***]. (j) engage in the distribution of (1) Games, (2) demos, updates or additions of any kind for any Licensed Product, or (3) Microtransactions, through the Wii Network Services or other online means, without a separate written agreement with Nintendo addressing such activities; (k) include advertising or product placements for products or services of third parties, whether in the Game, as separate content on a Game Disc (e.g., a trailer), or in the Printed Materials; (l) develop any Game that permits Nintendo’s Mii characters to appear; (m) fail to strictly adhere to NOA’s Guidelines on Mii usage for any permitted use of Miis in Games; or (n) send any data, content, messages, advertising, or other communications of any kind to any consumer’s Wii console through the Wii Network Services or otherwise. Nothing in this Section 3.3 shall be deemed to prohibit LICENSEE from developing a game for other video game systems where such game has a similar audiovisual display, look, or feel as found in the Game(s) developed by LICENSEE under this Agreement, provided that LICENSEE does not use in the development thereof, or incorporate therein, any Nintendo Intellectual Property Rights.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to represents and covenants that, without the express, written consent of NOA, warrants that it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network; provided, except (a) as a part of wireless Game play on and among Wii systemshowever, or between Wii and Nintendo DS systems (b) that limited transmissions may be made for the sole purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE but no right of retransmission shall use attach to any such authorized transmission and reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing;, (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, NINTENDO GAMECUBE system or the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines;Tools, (e) embed, incorporate, or store a Game in any media or format except the optical disc format utilized by Wiithe NINTENDO GAMECUBE system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; or, or [*] Confidential portion omitted and filed separately with the Securities and Exchange Commission. (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wiithe NINTENDO GAMECUBE system, including the hardware, software (embedded or not) or the Security Technology.. ******

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to to, and covenants that, without the express, express written consent of NOANintendo, it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of wireless Game play on and among Wii Nintendo DS systems, or between Wii and Nintendo DS systems (b) for the purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. Nintendo LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing; (c) modify, install or operate a Game on any server or computing other device for the purpose of or resulting in the rental, lease, loan or other grant sale of remote rights of access to the Game;, (dc) emulate, interoperate, interface or link a Game for operation or use with any hardware or platform, software platformprogram, accessory, computer language, computer environment, chip instruction set, consumer electronics device device, telephone, cellphone, PDA, or device other device, including for purposes of data interchange, password usage or interactive video game play, other than Wii, the a Nintendo DS OS system, an application approved by Nintendo, or the Development Tools Tools, (d) emulate any past, current or such other future Nintendo system as NOA may authorize brand video game system, or any portion thereof, in the Guidelines;software or hardware or any combination thereof, (e) embed, incorporate, or store a Game in any media or format except the optical disc Game Card format utilized by Wiithe Nintendo DS system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in the Reverse Engineering of all or any part of Wiithe Nintendo DS system, including the hardware, hardware or software (whether embedded or not) otherwise), the Development Tools or the Security Technology.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to represents and covenants that, without the express, written consent of NOA, warrants that it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network; provided, except (a) as a part of wireless Game play on and among Wii systemshowever, or between Wii and Nintendo DS systems (b) that limited transmissions may be made for the sole purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE but no right of retransmission shall use attach to any such authorized transmission and reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, * Confidential portion omitted and filed separately with the Commission. (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing;, (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, NINTENDO GAMECUBE system or the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines;Tools, (e) embed, incorporate, or store a Game in any media or format except the optical disc format utilized by Wiithe NINTENDO GAMECUBE system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wiithe NINTENDO GAMECUBE system, including the hardware, software (embedded or not) or the Security Technology.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to to, and covenants that, without the express, express written consent of NOANintendo, it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of wireless Game play on and among Wii Nintendo DS systems, or between Wii and Nintendo DS systems (b) for the purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing; (c) modify, install or operate a Game on any server or computing other device for the purpose of or resulting in the rental, lease, loan or other grant sale of remote rights of access to the Game;, (dc) emulate, interoperate, interface or link a Game for operation or use with any hardware or platform, software platformprogram, accessory, computer language, computer environment, chip instruction set, consumer electronics device device, telephone, cellphone, PDA, or device other device, including for purposes of data interchange, password usage or interactive video game play, other than Wii, the a Nintendo DS system, an application approved by Nintendo, or the Development Tools Tools, (d) emulate any past, current or such other future Nintendo system as NOA may authorize brand video game system, or any portion thereof, in the Guidelines;software or hardware or any combination thereof, (e) embed, incorporate, or store a Game in any media or format except the optical disc Game Card format utilized by Wiithe Nintendo DS system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in the Reverse Engineering of all or any part of Wiithe Nintendo DS system, including the hardware, hardware or software (whether embedded or not) otherwise), the Development Tools or the Security Technology.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to represents and covenants that, without the express, written consent of NOA, warrants that it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network; provided, except (a) as a part of wireless Game play on and among Wii systemshowever, or between Wii and Nintendo DS systems (b) that limited transmissions may be made for the sole purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE but no right of retransmission shall use attach to any such authorized transmission and reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing;, (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, NINTENDO GAMECUBE system or the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines;Tools, (e) embed, incorporate, or store a Game in any media or format except the optical disc format utilized by Wiithe NINTENDO GAMECUBE system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wiithe NINTENDO GAMECUBE system, including the hardware, software (embedded or not) or the Security Technology.. ****

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to represents and covenants that, without the express, written consent of NOA, warrants that it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network; provided, except (a) as a part of wireless Game play on and among Wii systemshowever, or between Wii and Nintendo DS systems (b) that limited transmissions may be made for the sole purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE but no right of retransmission shall use attach to any such authorized transmission and reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing;, (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, NINTENDO GAMECUBE system or the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines;Tools, (e) embed, incorporate, or store a Game in any media or format except the optical disc format utilized by Wiithe NINTENDO GAMECUBE system, except as may be necessary as a part of the Game development process under this Agreement;, Confidential information omitted where indicated by "[*]" and filed separately with the Commission pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934. (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wiithe NINTENDO GAMECUBE system, including the hardware, software (embedded or not) or the Security Technology.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to to, and covenants that, without the express, express written consent of NOANintendo, it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of wireless Game play on and among Wii Nintendo DS systems, or between Wii and Nintendo DS systems (b) for the purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing; (c) modify, install or operate a Game on any server or computing other device for the purpose of or resulting in the rental, lease, loan or other grant sale of remote rights of access to the Game;, (dc) emulate, interoperate, interface or link a Game for operation or use with any hardware or platform, software platformprogram, accessory, computer language, computer environment, chip instruction set, consumer electronics device device, telephone, ceephone, RDA, or device other device, including for purposes of data interchange, password usage or interactive video game play, other than Wii, the a Nintendo DS system, an application approved by Nintendo, or the Development Tools Tools, (d) emulate any past, current or such other future Nintendo system as NOA may authorize brand video game system, or any portion thereof, in the Guidelines;software or hardware or any combination thereof, (e) embed, incorporate, or store a Game in any media or format except the optical disc Game Card format utilized by Wiithe Nintendo DS system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in the Reverse Engineering of all or any part of Wii, including the hardware, software (embedded or not) Development Tools or the Security Technology.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to represents and covenants that, without the express, written consent of NOA, warrants that it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network; provided, except (a) as a part of wireless Game play on and among Wii systemshowever, or between Wii and Nintendo DS systems (b) that limited transmissions may be made for the sole purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE but no right of retransmission shall use attach to any such authorized transmission and reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing;, (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS NINTENDO GAMECUBE system, the NINTENDO GAME BOY ADVANCE system, or the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines;Tools, (e) embed, incorporate, or store a Game in any media or format except the optical disc format utilized by Wiithe NINTENDO GAMECUBE system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wiithe NINTENDO GAMECUBE system, including the hardware, software (embedded or not) or the Security Technology.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to and covenants that, without the express, written consent of NOA, it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of wireless Game play on and among Wii systems, or between Wii and Nintendo DS systems (b) for the purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game;; * Confidential portion omitted and filed separately with the Securities and Exchange Commission. (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writingNintendo; (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game; (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines; (e) embed, incorporate, or store a Game in any media or format except the optical disc format utilized by Wii, except as may be necessary as a part of the Game development process under this Agreement; (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology; (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement; (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; or (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wii, including the hardware, software (embedded or not) or the Security Technology.. ****

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to represents and covenants that, without the express, written consent of NOA, warrants that it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network; provided, except (a) as a part of wireless Game play on and among Wii systemshowever, or between Wii and Nintendo DS systems (b) that limited transmissions may be made for the sole purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE but no right of retransmission shall use attach to any such authorized transmission and reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, on-line multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing;, (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, NINTENDO GAMECUBE system or the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines;Tools, (e) embed, incorporate, or store a Game in any media or format except the optical disc format utilized by Wiithe NINTENDO GAMECUBE system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wiithe NINTENDO GAMECUBE system, including the hardware, software (embedded or not) or the Security Technology.

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to represents and covenants that, without the express, written consent of NOA, warrants that it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network; provided, except (a) as a part of wireless Game play on and among Wii systemshowever, or between Wii and Nintendo DS systems (b) that limited transmissions may be made for the sole purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE but no right of retransmission shall use attach to any such authorized transmission and reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, [*] Confidential portion omitted and filed separately with the Securities and Exchange Commission. (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing;, (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, NINTENDO GAMECUBE system or the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines;Tools, (e) embed, incorporate, or store a Game in any media or format except the optical disc format utilized by Wiithe NINTENDO GAMECUBE system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in Reverse Engineering all or any part of Wiithe NINTENDO GAMECUBE system, including the hardware, software (embedded or not) or the Security Technology.. ******

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to to, and covenants that, without the express, express written consent of NOANintendo, it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network, except (a) as a part of wireless Game play on and among Wii Nintendo DS systems, or between Wii and Nintendo DS systems (b) for the purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE shall use reasonable security measures, customary within the high technology industry, to reduce the risk of unauthorized interception or retransmission of any Game transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing; (c) modify, install or operate a Game on any server or computing other device for the purpose of or resulting in the rental, lease, loan or other grant sale of remote rights of access to the Game;, (dc) emulate, interoperate, interface or link a Game for operation or use with any hardware or platform, software platformprogram, accessory, computer language, computer environment, chip instruction set, consumer electronics device device, telephone, cellphone, PDA, or device other device, including for purposes of data interchange, password usage or interactive video game play, other than Wii, the a Nintendo DS system, an application approved by Nintendo, or the Development Tools Tools, (d) emulate any past, current or such other future Nintendo system as NOA may authorize brand video game system, or any portion thereof, in the Guidelines;software or hardware or any combination thereof, (e) embed, incorporate, or store a Game in any media or format except the optical disc Game Card format utilized by Wiithe Nintendo DS system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, * Confidential portion omitted and filed separately with the Securities and Exchange Commission. (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; , or (i) Reverse Engineer or assist in the Reverse Engineering of all or any part of Wiithe Nintendo DS system, including the hardware, hardware or software (whether embedded or not) otherwise), the Development Tools or the Security Technology.. ****

LICENSEE Restrictions and Prohibitions. LICENSEE is not licensed to represents and covenants that, without the express, written consent of NOA, warrants that it will not at any time, directly or indirectly, do or cause to be done any of the following: (a) grant access to, distribute, transmit or broadcast a Game by electronic means or by any other means known or hereafter devised, including, without limitation, by wireless, cable, fiber optic, telephone lines, microwave, radiowave, computer or other device network; provided, except (a) as a part of wireless Game play on and among Wii systemshowever, or between Wii and Nintendo DS systems (b) that limited transmissions may be made for the sole purpose of facilitating Game development under the terms of this Agreement, or (c) as otherwise approved in writing by Nintendo. LICENSEE but no right of retransmission shall use attach to any such authorized transmission and, reasonable security measures, customary within the high technology industry, shall be utilized to reduce the risk of unauthorized interception or retransmission of any Game such authorized transmission. No right of retransmission shall attach to any authorized transmission of a Game;, (b) authorize or permit any online activities involving a Game, including, without limitation, multiplayer, peer-to-peer or online play, except as expressly permitted by Nintendo in writing;, (c) modify, install or operate a Game on any server or computing device for the purpose of or resulting in the rental, lease, loan or other grant of remote access to the Game;, (d) emulate, interoperate, interface or link a Game for operation or use with any hardware or software platform, accessory, computer language, computer environment, chip instruction set, consumer electronics device or device other than Wii, the Nintendo DS system, GAME BOY ADVANCE system or the Development Tools or such other Nintendo system as NOA may authorize in the Guidelines;Tools, (e) embed, incorporate, or store a Game in any media or format except the optical disc cartridge format utilized by Wiithe GAME BOY ADVANCE system, except as may be necessary as a part of the Game development process under this Agreement;, (f) design, implement or undertake any process, procedure, program or act designed to disable, obstruct, circumvent or otherwise diminish the effectiveness or operation of the Security Technology;, (g) utilize the Intellectual Property Rights to design or develop any interactive video game program, except as authorized under this Agreement;, (h) manufacture or reproduce a Game developed under this Agreement, except through Nintendo; or, or [*] Confidential portion omitted and filed separately with the Securities and Exchange Commission. (i) Reverse Engineer or assist in the Reverse Engineering of all or any part of Wiithe GAME BOY ADVANCE system, including the hardware, hardware or software (whether embedded or not) otherwise), or the Security Technology.. ******